JUDGMENT

Santosh Hegde, J.-The appellant in this appeal was found guilty of an offence punishable under Section 302 IPC by the Additional Sessions Judge, Baroda and was sentenced to undergo imprisonment for life. His appeal against the said judgment and conviction to the High Court of Gujarat at Ahmedabad having failed, the appellant is before us.

2. Briefly stated prosecution case is that due to quarrel between him and his wife, the appellant had set her on fire after beating her and pouring kerosene on 14.6.1997 at their residence, consequent to which she died on 15.6.1997 in the hospital. After the incident in question, it is the prosecution case that she was taken to a primary Health Centre at Sankheda where PW-5 the doctor gave her the initial treatment. Since her condition was very serious, he was requested by the police, who had by then come to the Health Centre, to record her dying declaration which the doctor did. This declaration is marked as Ex.20. The said document was attested by the doctor but no thumb impression of the deceased was taken since the same could not be done because of the excessive burns in her body. In her dying declaration, she has stated that her husb